When a family member dies, and another person or company is found by a judge or jury to be responsible for the death, the surviving family members may be compensated for their damages resulting from the death. The family is not awarded money for their bereavement or grief, however. The damages awarded in a wrongful death case are the economic damages suffered as a direct result of the death, and the non-economic losses.
Economic Damages
Economic damages from the death of a family member may include the funeral costs, the costs of the last illness that resulted in the death, and the loss of financial support to the decedent's dependents. For example, if a father dies in a car accident and leaves small children without his income, the jury may award the children money to replace the lost financial support the father would have provided if he had lived.
Non-economic Damages
A jury may also award non-economic damages; the loss of the family relationship between the decedent and his family. Examples of non-economic damages are the losses of guidance, support and instruction that a child would have received from his mother who died in childbirth. Children who lost their parents in a car accident can present to the jury evidence of the close relationship they had.
Speaking with a lawyer can give you indications of what evidence can be presented in court to be awarded damages for the loss of your beloved family member.
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